1st Edition

Rule of Law in Crisis Constitutionalism in a State of Flux

292 Pages

by Routledge

292 Pages

by Routledge

292 Pages

by Routledge

Also available as eBook on:

Taylor & Francis eBooks
(Institutional Purchase)Opens in new tab or window

Description

This book addresses the current crisis that threatens the rule of law and has led to the need for its adjustment as normative concept, legal principle and pragmatic guideline for the behaviour of political players. Rule of law is a pillar of the constitutional orders and a key principle of national, international and EU law. Yet, rule of law is subject to pressure for change in the face of... Read more

Introduction

PART I Rule of Law, Emergency Constitutionalism and Constitutional Polycrisis

1 Rule of law and democracy in times of transitory constitutionalism, constitutional polycrisis and emergency constitutionalism: Towards a global algorithmic technocracy?

MARTIN BELOV

2 Rule of law and balance of rights in the COVID-19 pandemic

TANJA CERRUTI

PART II Rule of Law as Dynamic Concept Dependent on Constitutional Imaginaries, Memory Politics and Identity Politics

3 Imaginary of the rule of law as a force of societal transition: Central and East European lessons from European (dis)integration

JIŘI PŘIBAŇ

4 Rule of law and constitutionalisation of memory politics in Hungary and Russia

ULADZISLAU BELAVUSAU

5 Rule of law, populism and “state–religion” relations in South-Eastern Europe: Comparative research with particular attention to the Bulgarian post-communist secularism

SIMEON GROYSMAN

PART III EU Perspectives on the Rule of Law Crisis

6 The institutional politics of the European Union’s rule of law crisis

THOMAS CHRISTIANSEN AND DORA HEGEDUS

7 Rule of law crisis and the constitutional ‘awareness’ of the EU

ANGELA DI GREGORIO

8 Rule of law in the EU and its crisis: Central and Eastern European experiences

HRISTO HRISTEV

PART IV Constitutional Courts and Constitutional Review: Safeguards or Challenge for Rule of Law?

9 Constitutional limits on legal interpretation

MARTIN BOROWSKI

10 Material justice and formal-procedural rule of law: Conceptual asymmetries